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In re B.P.D.

Court of Appeals of Illinois, Third District

January 23, 2014

In re B.P.D., a Minor. (The People of the State of Illinois, Plaintiff-Appellee,
v.
B.P.D., Defendant-Appellant)

Appeal from the Circuit Court of the 14th Judicial Circuit, Whiteside County, Illinois, Circuit No. 07-JD-24. Honorable William S. McNeal, Judge, Presiding.

Vacated.

SYLLABUS

The appellate court vacated the sentence to five days in the county jail imposed on defendant for a violation of a term of probation, since the sentence was imposed on defendant when he was 20 years old, and although he turned 21 while his appeal was pending, at the time the sentence was imposed, defendant was a juvenile, and the trial court lacked the authority under the Juvenile Court Act to sentence a juvenile to the county jail.

Jay Wiegman, of State Appellate Defender's Office, of Ottawa, for Appellant.

Trish Joyce, State's Attorney, of Morrison (Dawn Duffy (argued), of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE O'BRIEN delivered the judgment of the court, with opinion. Presiding Justice Lytton and Justice McDade concurred in the judgment and opinion.

OPINION

O'BRIEN, JUSTICE

Page 549

The minor, B.P.D., was adjudicated delinquent in 2007, when he was 15 years old, and sentenced to five years' probation. During the probation, the State filed a petition alleging a probation violation, which the minor admitted. The minor, who was 20 years old, was ordered to serve five days in the county jail. The minor appealed, arguing that the delinquency provisions of the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/5-101 et seq. (West 2010)) did not authorize sentencing him to the county jail.

FACTS

The minor, born April 5, 1992, was adjudicated delinquent on June 19, 2007, for the offense of residential burglary and placed on probation for 60 months. During the probation, the State filed several petitions alleging violations of probation, the last of which was filed on April 5, 2012. The minor admitted to the facts in the last petition, and the trial court found the minor to be in violation of probation. The trial court revoked the minor's probation and sentenced the minor to serve five days in the county jail, not a juvenile detention facility. The trial court denied the minor's motion to reconsider. The mittimus was stayed pending the appeal.

ANALYSIS

As an initial matter, the State argues that the appeal should be dismissed as moot because the minor turned 21 on April 5, 2013, making him no longer subject to the Act. The minor argues that the issue is not moot, but if it is, it should be ...


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